In an appeal against inadequacy of sentence, which of the following things can the appellate court not…
An appeal against inadequacy of sentence cannot be used to substitute conviction for a graver offence for which the accused was not convicted. Eknath Shankarrao Mukkawar…
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In an appeal against inadequacy of sentence, which of the following things can the appellate court not do?
Answer and explanation
Correct answer C
An appeal against inadequacy of sentence cannot be used to substitute conviction for a graver offence for which the accused was not convicted. Eknath Shankarrao Mukkawar distinguishes increasing punishment for the established offence from overturning an acquittal of a more serious one. The accused may still seek acquittal or reduction of sentence in the enhancement appeal.
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